NexEng AI

Products

Terms ofService

Last Updated: November 5, 2025ALPHA RELEASE NOTICE: These Services are currently in alpha testing phase. By using NexEng Services, you acknowledge that you are participating in an early-stage testing program with experimental features, enhanced confidentiality obligations, and higher risk of service disruptions.Welcome to NexEng! These Terms of Service ("Terms") govern your access to and use of our cloud-based AI operating system platform, services, and solutions (collectively, the "Services") provided by NexEng Inc. ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

1. Acceptance of Terms

By accessing, browsing, or using NexEng's Services, you agree to comply with and be bound by these Terms, including any future modifications. We may update these Terms from time to time, and we will notify you by updating the 'Last Updated' date at the top of this document. Material changes will be communicated via email or platform notification. Your continued use after such notice constitutes acceptance of the revised Terms.

2. Service Description

2.1. Cloud-Based AI Operating System

NexEng provides a cloud-based AI operating system that enables users to:

• Manage multiple client accounts and relationships through a unified portal

• Deploy AI-powered solutions and workflows for various business processes

• Access proprietary AI models and algorithms for enhanced productivity

• Integrate with third-party services and data sources

• Utilize advanced analytics and insights generation capabilities

2.2. Multi-Tenant Architecture

The Services operate on a multi-tenant cloud architecture where users can create and manage sub-accounts for their clients. Each user account and client sub-account is logically separated with appropriate access controls and data isolation.

3. Use of Services

3.1. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into contracts. If you are using the Services on behalf of a business or organization, you represent and warrant that you are authorized to bind the entity to these Terms.

3.2. Account Registration and Security

You are required to create an account to access the Services. You agree to:

• Provide accurate, current, and complete registration information

• Maintain the confidentiality of your account credentials

• Enable two-factor authentication when available

• Immediately notify us of any unauthorized access or security breach

• Accept responsibility for all activities occurring under your account

3.3. Client Account Management

When adding client accounts to the platform, you:

• Warrant that you have proper authorization to act on behalf of each client

• Ensure compliance with applicable data protection laws when processing client data

• Maintain appropriate agreements with your clients regarding data processing

• Assume responsibility for your clients' compliance with these Terms

3.4. Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws

• Reverse engineer, decompile, disassemble, or attempt to discover the source code, algorithms, or trade secrets of the Services

• Create derivative works based on the Services or any proprietary technology

• Perform competitive benchmarking or analysis without prior written consent

• Use automated systems to extract data or content from the Services

• Attempt to gain unauthorized access to any portion of the Services

• Interfere with or disrupt the Services or servers

• Remove, alter, or obscure any proprietary notices

• Use the Services to develop competing products or services

4. Intellectual Property Rights and Protection

4.1. NexEng Proprietary Technology

All right, title, and interest in and to the Services, including without limitation:

• Proprietary AI models, algorithms, and machine learning techniques

• System architecture, implementation methods, and technical specifications

• User interface designs, workflows, and user experience elements

• Data processing methodologies and optimization techniques

• Documentation, training materials, and know-how

• All improvements, modifications, and derivatives thereof are and shall remain the exclusive property of NexEng or its licensors. No rights are granted to you except as expressly set forth in these Terms.

4.2. Confidentiality Obligations

4.2.1. Definition of Confidential Information

"Confidential Information" means all non-public information disclosed by NexEng, including:

• Technical specifications, API documentation, and system architecture

• Performance metrics, benchmarks, and system capabilities

• Unpublished features, roadmap items, and beta functionality

• Business methods, processes, and operational procedures

• Pricing models, customer lists, and business strategies

• Any information marked as confidential or that would reasonably be considered confidential

4.2.2. Confidentiality Obligations

You agree to:

• Maintain the confidentiality of all Confidential Information

• Not disclose Confidential Information to any third party without prior written consent

• Use Confidential Information solely for authorized use of the Services

• Protect Confidential Information with the same degree of care used for your own confidential information, but no less than reasonable care

• Promptly notify NexEng of any unauthorized disclosure or use

4.2.3. Duration and Survival

Confidentiality obligations shall survive termination of these Terms for a period of five (5) years, except for trade secrets which shall remain confidential indefinitely.

4.2.4. Alpha Testing Confidentiality

During the alpha testing phase, ALL aspects of the Services are considered Confidential Information. You agree not to disclose, discuss, or publicize any features, functionality, performance characteristics, or your participation in the alpha program without explicit written permission from NexEng.

4.3. Feedback and Improvements

Any feedback, suggestions, ideas, or improvements you provide regarding the Services ("Feedback") shall become the exclusive property of NexEng. You hereby assign all rights, title, and interest in such Feedback to NexEng and agree to assist us in documenting and perfecting such rights. NexEng may use Feedback without restriction or compensation to you.

4.4. Customer Data

You retain all rights to data you input into the Services ("Customer Data"). You grant NexEng a worldwide, royalty-free license to use Customer Data solely to provide and improve the Services. This license includes the right to process, analyze, and create aggregated, anonymized insights that cannot be traced back to you or your clients.

4.5. Derived Insights and Aggregated Data

NexEng may develop generalized insights, models, and improvements based on aggregated, anonymized data from all users. Such derived insights and aggregated data are the exclusive property of NexEng and may be used for any purpose, including improving the Services, developing new features, and creating industry benchmarks.

5. Data Collection, Use, and Privacy

5.1. Privacy Policy

Your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using our Services, you consent to the collection, use, and sharing of your data as described in the Privacy Policy.

5.2. Usage Analytics and Service Improvement

We collect and analyze usage data to:

• Optimize system performance and reliability

• Develop new features and capabilities

• Train and improve AI models

• Generate industry insights and benchmarks

• Provide personalized recommendations and optimizations

5.3. Client Data Processing

When processing data on behalf of your clients, you acknowledge that you are the data controller and NexEng acts as a data processor. You are responsible for obtaining appropriate consents and ensuring compliance with applicable data protection regulations.

6. Compliance and Auditing

6.1. Compliance Monitoring

NexEng reserves the right to monitor your use of the Services to ensure compliance with these Terms. This may include automated monitoring of usage patterns, API calls, and system interactions.

6.2. Audit Rights

Upon reasonable notice, NexEng may audit your use of the Services to verify compliance with these Terms. You agree to cooperate with such audits and provide necessary information and access.

6.3. Remedies for Violations

In the event of any violation of these Terms, particularly intellectual property or confidentiality provisions, NexEng may:

• Immediately suspend or terminate your access to the Services

• Seek injunctive relief to prevent further violations

• Pursue damages, including consequential damages where applicable

• Recover attorney's fees and costs associated with enforcement

• Publicly disclose the violation after providing notice to you

7. Service Modifications and Availability

7.1. Service Changes

NexEng reserves the right to modify, suspend, or discontinue any aspect of the Services with reasonable notice. During the alpha phase, changes may be frequent and substantial as we refine the platform.

7.2. No Service Level Commitments

During the alpha release phase, NexEng does not provide any service level commitments, uptime guarantees, or performance assurances. Service availability may be interrupted without notice for maintenance, updates, or improvements.

8. Disclaimers and Limitations of Liability

8.1. AI Limitations and User Responsibility

IMPORTANT: Our AI services may produce incorrect, incomplete, or misleading information. You acknowledge and agree that:

• AI-generated content may contain errors or inaccuracies

• You are solely responsible for reviewing and validating all AI outputs

• You assume all risks associated with relying on AI-generated content

• You will maintain appropriate human oversight for all AI-assisted processes

• NexEng disclaims all liability for consequences arising from AI outputs

8.2. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

8.3. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXENG'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM. NEXENG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9. Indemnification

You agree to indemnify, defend, and hold harmless NexEng and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from:

• Your violation of these Terms

• Your use or misuse of the Services

• Your violation of any third-party rights

• Any breach of confidentiality or intellectual property provisions

• Activities of your clients or sub-users

10. Term and Termination

10.1. Term

These Terms commence upon your first access to the Services and continue until terminated.

10.2. Termination

Either party may terminate these Terms at any time. NexEng may immediately terminate or suspend access for violations of these Terms, particularly breaches of intellectual property or confidentiality provisions.

10.3. Effect of Termination

Upon termination:

• Your access to the Services will be immediately revoked

• You must cease all use of Confidential Information

• Your data will be retained for 30 days for retrieval, then deleted

• Provisions that by their nature should survive will remain in effect

11. General Provisions

11.1. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Santa Clara County, California.

11.2. Dispute Resolution

Before initiating litigation, parties agree to attempt good faith resolution through negotiation. If unsuccessful, disputes shall be submitted to binding arbitration under JAMS rules, except for claims seeking injunctive relief for intellectual property violations.

11.3. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

11.4. Non-Solicitation

During your use of the Services and for twelve (12) months thereafter, you agree not to directly or indirectly solicit for employment any NexEng employee with whom you had contact.

11.5. Entire Agreement

These Terms, together with the Privacy Policy and any applicable service agreements, constitute the entire agreement between you and NexEng regarding the Services.

11.6. Severability

If any provision of these Terms is found unenforceable, the remainder shall continue in full force and effect.

11.7. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by NexEng.

11.8. Assignment

You may not assign these Terms without NexEng's prior written consent. NexEng may assign these Terms without restriction.

12. Definitions

For purposes of these Terms:

• "Confidential Information" means all non-public information disclosed by NexEng as defined in Section 4.2.1

• "Customer Data" means any data you or your clients input into the Services

• "Feedback" means suggestions, ideas, or improvements provided regarding the Services

• "Services" means NexEng's cloud-based AI operating system platform and related services

• "Alpha Release" means the current testing phase with experimental features and enhanced confidentiality requirements

13. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@nexeng.ai

Support: support@nexeng.ai

Address: NexEng Inc.
3031 Tisch Way #110
San Jose, CA 95128
USA

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